Radiography Affiliates - Mayo Clinic College of Medicine ......Revised 2-1-2012 Page 3 of8 is or has...

RECEIVING MSHS COOPERATIVE DEGREE 2012

Education Affiliation Agreement between

MAYO CLINIC and

UNIVERSITY OF SIOUX FALLS

This Clinical Education Agreement ("Agreement") shall be effective as of the last date signed below. The parties to this Agreement are MA YO CLINIC with an address of 200 First Street, S.W., Rochester, MN 55905 ("Mayo Clinic") and UNIVERSITY OF SIOUX FALLS, with an address of 1101 West 22nd Street, Sioux Falls, SD 57105 ("School").

WHEREAS, School is a duly licensed and accredited educational institution providing a program in Radiological Technology which requires clinical experiences of its students (hereinafter "Students");

WHEREAS, Mayo Clinic is desirous of providing clinical and didactic experiences to School's students ("Students") through its Radiography Program ("Program") as a part of their overall education; and

WHEREAS, it is to the benefit of both School and Mayo Clinic to cooperate in the educational preparation of Students, so as to promote excellence in patient care, to ensure professional competence, and to provide maximum utilization of community resources.

NOW THEREFORE, the parties agree as follows:

1. Education Program.

(a) The course of study pursued by the Students in the Program shall be set forth by Mayo Clinic in accordance with requirements of its accrediting agency to meet Mayo Clinic's needs and to meet the requirements of School for granting a Bachelor's Degree.

(b) The number of Students accepted per enrollment period and the dates of each Student's experience shall be arranged by the mutual agreement of School and Mayo Clinic. All students shall be subject to Mayo Clinic's admission standards and process. In the event it becomes necessary to cancel or change a Student assignment, School will immediately notify Mayo Clinic.

( c) School agrees to designate for participation in the Program covered by this Agreement only Students who have completed the necessary training, appropriate pre-requisites and didactic work for such Program, and are in good standing with School. School agrees to promptly notify Mayo Clinic if any Student is no longer in good standing.

(d) Students offered admission to Program must comply with Mayo Clinic's prevailing admissions requirements, including, but not limited to, the following:

(i) Immunizations, including hepatitis B series (ii) Occupational Health Review and/or Physical Exam (iii) Background Studies (Minnesota and national) (iv) Drug Screen (v) Health Insurance (vi) HIP AA, Confidentiality, and other training deemed necessary by

Mayo Clinic and/or the Mayo School of Health Sciences ("MSHS") Program in which admission is offered.

Mayo Clinic will collect proof of fulfillment of these requirements directly from Students upon admission to but prior to commencement of Program. The costs for all the admissions requirements are the responsibility of the Student and/or School. Admission requirements can be found at http://www.mayo.edu/mshs/rad-pro-rch-admissions.html.

( e) If applicable, School shall perform background studies on any School faculty who supervise Students on-site at Mayo Clinic and ensure that all such faculty are eligible to have direct contact with Mayo Clinic's patients and students. School faculty shall notify Program before coming on Mayo Clinic campus to make necessary arrangements for access.

(f) School faculty and Students agree to participate in education and training of the electronic medical record. School faculty and Students shall be subject to and follow all Mayo Clinic's rules, regulations, policies and procedures for the electronic medical record. The electronic medical record policies, procedures, rules and regulations are subject to change and Mayo Clinic agrees to provide prior notice of any change.

(g) Where applicable, all parties certify that they are in good standing with their respective accrediting bodies, and upon request, will provide documentation of accreditation.

(h) School and Mayo Clinic agree to abide by the limitations set forth in the Family Educational Rights and Privacy Act ("FERPA) and regulations at 34 CFR 99.33 regarding the protection of educational data. Both parties acknowledge that this agreement allows access to educational data, and agree to hold that information in strict confidence. Both parties agree not to use or disclose educational data received from or on behalf of either institution except as permitted or required by this Agreement, as otherwise required by law, or as authorized in writing by Student.

Revised 2-1-2012

(i) Mayo Clinic agrees to:

(i) Provide the Program Director, Medical Director and teaching faculty for the didactic and clinical courses it presents;

Page 2 of8

(ii) Provide the appropriate supervision, equipment, supplies, reagents, and miscellaneous items necessary for instruction of the clinical courses;

(iii) Give School a transcript of completed courses and grades for each Student, and shall certify to School registrar only those students who satisfactorily complete the Program at Mayo. Should a Student encounter difficulties or fail to complete the Program, the Program Director shall notify School;

(iv) Offer and maintain the classrooms, laboratory, storage room and other appropriate facilities necessary for the Students while on Mayo campus;

(v) Maintain all student records and transcripts for instruction presented by Mayo.

G) School agrees to:

(i) Grant blanket academic credit for satisfactory completion of the Program;

(ii) Maintain all student records and transcripts for instruction presented by School;

(iii) Provide a named person who will act as liaison/counselor to Students seeking appointment and to those Students enrolled;

(iv) Offer and maintain the classrooms, laboratory, storage room and other appropriate facilities necessary for the Students while on School campus.

(k) Mayo Clinic assumes full responsibility for the care of its patients. It is understood that School does not derive direct revenue from patient care activity at Mayo Clinic.

2. Health Insurance Portability and Accountability Act. Students shall be instructed by School prior to beginning the Program concerning the confidentiality of medical information of Mayo Clinic's patients and standard precautions. For purposes of compliance with the Health Insurance Portability and Accountability Act ("HIP AA"), and associated privacy regulations, Students shall be considered part of Mayo Clinic's work force as that term is defined in HIP AA to include trainees and students. Students are not considered work force or employees of Mayo Clinic for other purposes, including but not limited to tax or employment law. Mayo Clinic shall provide the necessary training specific to HIP AA.

3. Policies and Procedures Governing Students. Students shall be subject to and follow all Mayo Clinic's rules, regulations, policies and procedures, including standard precautions. Students enrolled in the program covered by this Agreement will also be governed in accordance with the policies and procedures established through School's programs.

4. Termination of Student Experience. Mayo Clinic may decline to appoint a student or may terminate the participation of a Student in a clinical experience if: (a) the Student

Revised 2-1-2012 Page 3 of8

is or has been employed at Mayo Clinic and has been involuntarily terminated from employment or (b) the Student's work, conduct or health may, in Mayo Clinic's judgment, have a detrimental effect on its patients, staff or operations. A Student generally will not be removed from a clinical experience until Mayo Clinic has discussed its concerns with a representative of the School. However, Mayo Clinic reserves the right to take immediate action to suspend a Student's participation in response to concerns of patient care or the safety and respect of its staff. Mayo Clinic shall not be arbitrary or discriminatory in the exercise of this right.

5. Student Health Insurance and Emergency Medical Care. Students shall maintain health insurance throughout the entire term of their participation in the Program. Students shall be furnished emergency medical care and treatment, if needed, while on duty at Mayo Clinic with the associated expense to be the responsibility of the Student.

6. Tuition.

(a) Students will pay tuition to School for emolled School courses and to Mayo Clinic for emolled Mayo Clinic courses. School will not charge tuition or clinical experience fee to Students for courses taken at Mayo Clinic. School will advise Student of any administrative fees payable to School while Student is emolled in Mayo Clinic courses.

(b) School will advise Students that Mayo Clinic will bill Student directly at the standard per-credit rate as published on Mayo School of Health Sciences website.

(c) School agrees to accept Students' credits from Mayo Clinic.

(d) Upon Student's emollment in Program, Mayo Clinic agrees to administer Student's financial aid, if applicable, and will incorporate Student's credits from School into Student's loan eligibility amount.

7. Insurance.

(a) If School is a Florida state owned and operated institution, the following language shall apply: It is understood by the parties that School is an institution which is afforded sovereign immunity as described under Florida Statutes, Sections 110.504 and 768.28. School must notify Mayo Clinic if this law does not apply.

(b) If (a) above does not apply, Mayo Clinic will provide and maintain insurance as described below:

(i)

Revised 2-1-2012

Professional liability insurance ( or comparable coverage under a program of self-insurance) providing coverage on an "occurrence basis" for occurrences during the term of this Agreement with limits no less than $1 million per occurrence and $3 million aggregate.

Page 4 of8

(ii) Comprehensive general liability insurance ( or comparable coverage under a program of self-insurance) providing coverage on an "occurrence basis" for occurrences during the term of this Agreement with limits no less than $1 million per occurrence and $3 million annual aggregate.

(c) The insurance required in Section 7(b) above shall be in full force and effect prior to the arrival of Students at Mayo Clinic. It shall not be modified or terminated except upon thirty (30) calendar days' prior written notice to School. In the event any "claims made" policy is procured to meet the insurance requirements hereunder, "tail" coverage shall also be procured for a period of four (4) years after termination of such policy.

( d) Upon request, Mayo Clinic shall provide School with a Certificate of Insurance evidencing the above-stated coverage.

8. Liability. Each party is solely responsible for any of its own claims, causes of action, liabilities or the like that may arise out of this Agreement. Furthermore, neither party shall compensate the other party for any of the foregoing. The terms of this section shall survive expiration or termination of this Agreement.

9. Independent Contractors. Each party is a separate and independent institution, and this Agreement shall not be deemed to create a relationship of agency, employment, or partnership between or among them. Each party understands and agrees that this Agreement establishes a bona fide training relationship and that the agents or employees of each respective party are not employees or agents of the other party.

10. Term.

(a) This Agreement shall be effective as of the last date signed below and is automatically renewed for subsequent one year terms for a total of five (5) years, unless terminated as described in paragraph 11 below.

(b) Six months prior to Agreement termination date as provided in paragraph lO(a) above, Mayo and School will evaluate program covered by Agreement, and if mutually agreed, may extend term of Agreement by written agreement signed by both parties.

11. Termination.

(a) Either party may terminate this Agreement for any reason by giving at least ninety (90) days written notice to the other party.

(b) In the event that this Agreement is terminated pursuant to this paragraph, the parties hereby agree that no Students participating in an ongoing experience will be denied the opportunity to complete the affiliation, even when the effective date of termination occurs prior to the completion date of the clinical experience. In such event, all applicable provisions of this Agreement, including the right to terminate any Student pursuant to Section 4, shall remain


m141058

Cross-Out

Amendment #1: Update the term

in force during the extension period from the effective date of termination, until the end of the academic term in which the Student is enrolled.

12. Amendments. This Agreement may be amended from time to time by written agreement of the parties.

13. Notices. Whenever written notice is required or permitted to be given by any party to the other, such notice shall have been deemed to have been sufficiently given if personally delivered or deposited in the United States Mail in a properly stamped envelope, certified or registered mail, return-receipt-required, addressed to:

For Mayo Clinic: Jill M. Anderson, MBD, RT(R)(M)(CT) Program Director Mayo Clinic 200 First Street SW Rochester, MN 55905

With copy to: Education Business Services Siebens 5 Mayo Clinic 200 First Street SW Rochester, MN 55905

For School: Bill Soeffing, PhD University of Sioux Falls 1101 West 22nd Street Sioux Falls, SD 57105

14. Use of Name. Neither party will use the name or trademarks of the other party in any news release, publicity, advertising, endorsement, or commercial communication without the prior written approval of the other party. All requests for approval for the use of Mayo's name pursuant to this Section must be submitted to the Mayo Clinic Public Affairs Business Relations Group, at the following E-mail address: [email protected] at least 5 business days prior to the date on which a response is needed; however, the existence and scope of the programs available via this Agreement may be made known to Students as a means of assistance in completing their training requirements.

15. Assignment. No party has the right or the power to assign this Agreement, in whole or in part, without the prior written consent of the other parties, and any purported assignment in contravention of this provision shall be null and void.

16. Governing Law. This Agreement shall be construed in accordance with the law of the State of Minnesota.

17. Excluded Entity or Individual. Each party shall immediately notify the other party in the event that it becomes excluded from any federal health care program.

18. Enforceability and Waiver. The invalidity or unenforceability of any term or provision of this Agreement shall in no way affect the validity or enforceability of any other term or provision. The invalid or unenforceable provision shall be fully severable. The waiver by a party of a breach of any provision of this Agreement shall not operate as or be construed as a waiver of any subsequent breach thereof.


19. Non-exclusive Agreement. Each party may enter into similar agreements with other training institutions, provided that such agreements do not materially interfere with the ability of each party to carry out its obligations hereunder.

20. Compliance with Laws. Each party shall comply with all federal, state and local laws and regulations applicable to their respective operations, including, but not limited to, those dealing with employment opportunity, immigration and affirmative action such as 42 U.S.C. Sec. 2000 (e) et~, The Civil Rights Act of 1964, Sections 503 and 504 of the Rehabilitation Act of 1973, Section 402 of the Vietnam Era Veterans' Readjustment Assistance Act of 1974, the Immigration Reform Act of 1986, the Americans with Disabilities Act of 1990 and any amendments and applicable regulations pertaining thereto.

21. Entire Agreement. This Agreement represents the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior agreements and representations.

22. Authority. The persons signing this Agreement warrant that they have full authority to do so and that their signatures shall bind the parties for which they sign.

-Signatures on following page-- Remainder left blank intentionally-


IN WITNESS WHEREOF, the parties have executed this Agreement as of the respective dates written below.

MA YO SCHOOL OF HEALTH SCIENCES

By:

1 M. Anderson, MBA, RT(R)(M)(CT)

Title: Program Director

Date:

By:

Title: Dean

Date: f-- 3D-/"')..---

MAYO CLINIC

By: ~1{}, ~ Name: Debra M. Eagle

Title: Division Chair, Education

Date:

Mayo EBS

~


By:

Name:

Title:

Date:

Name: 111._a VS~ [ .LJen VI /s-hv-.-

Title: \/,ce /J~st/J th:: f3us1w..r;.s.~~<-

Date: ~ ;;-?/;2-1


DocuSign Envelope ID: 8D5D0D3D-4089-4360-8469-07D9CE9D9083

FIRST AMENDMENT TO EDUCATION AFFILIATION AGREEMENT between

MAYO CLINIC and


RECITALS

WHEREAS, effective as of July 30, 2012, Mayo Clinic ("Mayo Clinic") and University of Sioux Falls ("School") entered into an Education Affiliation Agreement ("Agreement"); and

WHEREAS, Mayo Clinic and School wish to amend said Agreement.

AMENDMENT

NOW, THEREFORE, in consideration of the mutual covenants set forth herein and other good and valuable consideration, the parties agree as follows:

1. The Agreement Term, Section 10, shall be extended for five (5) years beginning as of the last date signed below, unless terminated prior to that pursuant to the Agreement.

2. Except as specifically provided herein, all other terms and conditions of the Agreement shall continue in full force and effect as provided therein.

3. The persons signing this Agreement warrant that they have full authority to do so and that their signatures shall bind the parties for which they sign. Each party hereto consents to be bound by photocopy, scanned PDF, facsimile or electronic signatures of such party's representative(s) hereto.

[Signature page follows]

Page 1 of 2

DocuSign Envelope ID: 8D5D0D3D-4089-4360-8469-07D9CE9D9083

7/25/2017

7/24/2017

IN WITNESS WHEREOF, the authorized representatives of the parties hereto have executed this Amendment on the day and year written below:

MA YO CLINIC SCHOOL OF HEALTH SCIENCES

By: Gilicu~n-edtr~b~, fi.t.f;.a., ~-ta, l:::: 61 DD30E3106549D ...

Name: Jill M. Tryon, M.B.A., R.T.(R)

Title: Program Director, Radiography

Date:

MAYO CLINIC

By: ~;;igtistkb, fi.tS., fi.t.{J.U L A66625FCCOOC445 ...

Name: Gary C. Cseko, MS, MBA


Date:


By:

Name:

Title: President

Date: 7f¥r1

By:

Name: Jo~ U"'d 1 'J'l,, .D. 1 rvl.f. 1--&. A.

Title: Vice PreOcJ.u.f o.f f+c.a.dt.m,c. A+-f.().)rJ

Date: '7 )le, /2.on-

Page 2 of2

DocuSign Envelope ID: D421BAAA-377E-4323-A42F-DDC24FFF3FB4

DocuSign Envelope ID: D421BAAA-377E-4323-A42F-DDC24FFF3FB4

2/22/2018

2/22/2018

MSHS-RCVG-COOP_PROG_ADD

Page 1 of 2

PROGRAM ADDENDUM TO THE MASTER EDUCATION AFFILIATION AGREEMENT

between MAYO CLINIC (“Mayo Clinic”)

and SAINT MARY’S UNIVERSITY OF MINNESOTA (“School”)

In accordance with the terms of the above-referenced Agreement, which became effective on June 13, 2011, and was subsequently amended, the parties will offer the following Program:

I. Program: Radiography, accredited by the Joint Review Committee on Education in Radiologic Technology (JRCERT).

II. Student Selection: School will identify Students who meet criteria to participate in

Program as called for by Section 1(c) of the Master Education Affiliation Agreement. Potential Students must apply to Program following the Application Process on Program website (http://www.mayo.edu/mayo-clinic-school-of-health-sciences/careers/radiography/radiography-program-minnesota/application-process).

III. Health Requirements, Background Studies, and Drug Screening. Students are

subject to current admission requirements as posted on Program website (http://www.mayo.edu/mayo-clinic-school-of-health-sciences/careers/radiography/radiography-program-minnesota/admissions).

IV. Policies and Procedures Governing Students. Students enrolled in Program covered

by this Addendum shall be subject to and follow all Mayo Clinic rules, regulations, policies and procedures, including standard precautions.

V. Term. This Program Addendum is effective for a one-year term as of the last date

signed below and is automatically renewed for subsequent one year terms for a total of five (5) years, unless terminated earlier as provided for in Paragraph 11 of the Master Education Affiliation Agreement.

VI. Administrative Contacts.

For Mayo Clinic: Annette S. Urban, MA, R.T.(R) Program Director Radiography Mayo Clinic School of Health Sciences 200 First Street SW Rochester, MN 55905 [email protected]

For School: Jeanne Minnerath, Ph.D. Director of Allied Health Saint Mary's University of Minnesota 700 Terrace Heights #10 Winona, MN 55987 [email protected]

DocuSign Envelope ID: 8F5A6C9C-3CCF-4636-A1B1-B8572FBFF61F

http://www.mayo.edu/mayo-clinic-school-of-health-sciences/careers/radiography/radiography-program-minnesota/application-process

http://www.mayo.edu/mayo-clinic-school-of-health-sciences/careers/radiography/radiography-program-minnesota/application-process

http://www.mayo.edu/mayo-clinic-school-of-health-sciences/careers/radiography/radiography-program-minnesota/admissions

http://www.mayo.edu/mayo-clinic-school-of-health-sciences/careers/radiography/radiography-program-minnesota/admissions

mailto:[email protected]


of 2

With copy to: Education Business Services Siebens 5 Mayo Clinic 200 First Street SW Rochester, MN 55905 [email protected]

With copy to: Ann E. Merchlewitz General Counsel Saint Mary’s University of Minnesota 700 Terrace Drive, #30 Winona, MN 55987 [email protected]

IN WITNESS WHEREOF, the parties hereto have executed this Addendum to the Clinical Education Master Agreement as of the respective dates written below.

MAYO CLINIC SCHOOL OF HEALTH SCIENCES By: Name: Annette S. Urban, MA, R.T.(R) Title: Radiography Program Director Date:

MAYO CLINIC By: Name: Gary C. Cseko, MS, MBA Title: Division Chair, Education Date:

SAINT MARY’S UNIVERSITY OF MINNESOTA By: Name Brother Robert Smith, FSC, Ph.D. Title: Chief Academic Officer Date:

Mayo EBS

Reviewed by: ____________

DocuSign Envelope ID: 8F5A6C9C-3CCF-4636-A1B1-B8572FBFF61F

2/21/2018

2/19/2018

2/19/2018



DocuSign Envelope ID: 9A150739-BACC-43EA-8C93-25C5F5DD676A

DocuSign Envelope ID: 9A150739-BACC-43EA-8C93-25C5F5DD676A

11/15/2016

11/16/2016

FIRST AMENDMENT TO EDUCATION AFFILIATION AGREEMENT

between MAYO CLINIC

and MOUNT MARTY COLLEGE

RECITALS

WHEREAS, effective as of November 17, 2015, Mayo Clinic ("Mayo Clinic") and Mount Matiy College ("School") entered into an Education Affiliation Agreement ("Agreement"); and

WHEREAS, Mayo Clinic and School wish to amend said Agreement.

AMENDMENT

NOW, THEREFORE, in consideration of the mutual covenants set f01ih herein and other good and valuable consideration, the paliies agree as follows:

1. To add the following admission requirement to Paragraph 1 ( d):

(vii) Eligible U.S. worker (refers to those that are authorized to work in the United States, including: 1) U.S. citizens, 2) U.S. nationals, 3) lawful pem1anent residents, and 4) asylees and refugees) with fluency in written and spoken English.

2. To delete Tuition, Section 6, in its entirety and replace it with the following:

6. Tuition and Financial Aid.

(a) Students will pay tuition to School for enrolled School courses and to Mayo Clinic for enrolled Mayo Clinic courses. School will not charge tuition or clinical experience fee to Students for courses taken at Mayo Clinic. School will advise Student of any administrative fees payable to School while Student is enrolled in Mayo Clinic courses.

(b) School will advise Students that Mayo Clinic will bill Student directly at the standard per-credit rate as published on Mayo Clinic School of Health Sciences website.

( c) School agrees to administer Student's financial aid, if applicable. Refer to Cons01iium Agreement between Mount Matiy College, Incorporated, and Mayo Clinic College of Medicine & Science, effective in 2018 and attached hereto as Exhibit A.

Page 1 of 4

DocuSign Envelope ID: 62699F5E-722B-4409-9D95-F0F621972A94

3. To extend the Term, Section 10, of Agreement for five (5) years beginning as of the last date signed below, unless terminated as described in Section 11 of Agreement.

4. To remove Jill Tryon as the Mayo Clinic Program Director under Notices, Section 13, and replace with the following:

Am1ette S. Urban, MA, R.T.(R) Program Director, Radiography Mayo Clinic School of Health Sciences 200 First Street SW Rochester, MN 55905 [email protected]

5. Except as specifically provided herein, all other tem1s and conditions of the Agreement shall continue in full force and effect as provided therein.

6. The persons signing this Agreement wmrnnt that they have full authority to do so and that their signatures shall bind the paiiies for which they sign. Each party hereto consents to be bound by photocopy, scanned PDF, facsimile or electronic signatures of such pmiy' s representative(s) hereto.

[Signature page follows]

Page 2 of 4


IN WITNESS WHEREOF, the authorized representatives of the pmiies hereto have executed this Amendment on the day and year written below:

MAYO CLINIC SCHOOL OF HEALTH SCIENCES

By:

Name: Annette S. Urban, MA, R.T.(R)


Date:

MAYO CLINIC

By:



Date:

Mayo EBS Reviewed by:

MOUNT MARTY COLLEGE

By: s;J, ~~<!.1,__,~~

Name: S. Cc.t,\t\c-lyc,e.. Chryst-.:d, Ph.Q

Title: Vice President for Academic Affairs

Date: I 1- 2- I ff

Name: Tabitha Likness

Vice President for Finance Title: and Administration

Date: l l-5-/ B

Page 3 of 4


11/8/2018

11/8/2018

EXHIBIT A

(Attach Consortium Agreement upon execution)

Page 4 of 4


CONSORTIUM AGREEMENT BETWEEN MOUNT MARTY COLLEGE, INCORPORATED

AND Mayo Clinic College of Medicine & Science (017114)

This Consortium "Agreement" is entered into by and between Mount Marty College, Incorporated (Home Institution or Mount Marty College) and Mayo Clinic College of Medicine & Science (Host Institution). "Students" are referred to as regularly enrolled, degree seeking students of Mount Marty College. Mount Marty College is accredited by The Higher Learning Commission and is eligible to participate in Federal Title IV funding through the United States Department of Education. This agreement allows students at Mayo Clinic College of Medicine & Science who are admitted to Mount Marty College in a Bachelor of Science Program, to apply for financial aid and receive funding through Mount Marty College while completing the required coursework at Mayo Clinic College of Medicine & Science. The student's Bachelor of Science Degree will be granted through Mount Marty College upon successful completion of the Host Institution clinical program and all other degree requirements required by Mount Marty College.

Therefore, the parties mutually agree to the following terms and conditions:

I. Term and Termination : This Agreement shall become effective on the date it is signed by both parties. This Agreement may be terminated by either party upon giving the other party written notice of termination, provided, however, that such notice must be given at least 90 days prior to the beginning of the next academic term. Termination of this Agreement will not alter the responsibility of the parties to carry out the terms of the Agreement with respect to students who have already begun their study at the Host Institution. If the Education Affiliation Agreement(EAA) between Mayo Clinic through its Mayo Clinic School of Health Sciences and Mount Marty College, which became effective on November 27, 2015, and incorporated herein by reference, is terminated or permitted to expire, so shall this Agreement also be terminated or expired.

II. Affiliation:

A. Mount Marty College students attending the Host Institution will remain enrolled at Mount Marty College. Mount Marty College will report enrollment information for the students to NSLDS.

B. Mount Marty College students will earn academic credit for coursework completed at the Host Institution in accordance with the EAA referenced in Section I above.

C. The coursework at the Host Institution will be considered part of the student's eligible

program at Mount Marty College.

D. Mount Marty College will provide enrolled and prospective students with a description of the written arrangement which has been entered into with the Host Institution which includes:

a. The curriculum offerings for the coursework provided by the Host Institution. b. The method of delivery of that part of the program offered at the Host

Institution. c. The estimated additional costs student may incur by enrolling the portion of

the program at the Host Institution. E. Mount Marty College will be responsible for financial aid for the students attending at

the Host Institution. Mount Marty College will perform all the financial aid processing, disbursement functions, is responsible for maintaining information on Title IV eligibility

1


for students attending the Host Institution and maintain Title IV recordkeeping and reporting requirements.

F. Mount Marty College will perform satisfactory academic progress calculations on the students after each term.

G. Mount Marty College will make available required student consumer information to students attending the Host Institution.

H. The Host Institution will inform Mount Marty College on all costs related for students enrolled at the Host Institution in order for Mount Marty College to provide enrolling students and prospective students with a realistic view of costs they will incur.

I. The Host Institution will notify Mount Marty College immediately if a student withdraws or stops attending and will provide the withdrawal date in order for Mount Marty College to perform the Federal Return of Title IV Funds calculation.

J. The Host Institution will notify Mount Marty College of any financial aid awarded to Mount Marty College students from the Host Institution.

K. The Host institution will provide and send an academic transcript to Mount Marty College for each student upon completion of the program.

L. The Host Institution attests that it has not: a. had its eligibility to participate in the Title IV, HEA programs terminated by the

Secretary; b. voluntarily withdrawn from participation in the Title IV, HEA programs under a

termination, show-cause, suspension or similar type proceeding; c. had its certification to participate in Title IV, HEA programs revoked by the

Secretary; d. had its application for re-certification to participate in the Title IV, HEA

programs denied by the Secretary; or e. had its application for certification to participate in the Title IV, HEA programs

denied by the Secretary. M. No amendment, consent or waiver of terms of this agreement shall bind either party

unless in writing and signed by all parties. Any such amendment, consent, or waiver shall be effective only in the specific instance and for the specified purpose given. The parties to this agreement, by their signatures below of their authorized representatives, acknowledge having read and understood this agreement and agree to be bound by its terms and conditions.

The parties have executed this agreement on the date(s) indicated below.

Mount Marty College {Home Institution)

Date: October 29, 2018

Kenneth J. Kocer Director of Financial Assistance (printed)

2

Mayo Clinic College of Medicine & Science (Host Institution)

By: ------------Gary C. Cseko MS, MBA Division Chair, Education

Date ------------

David L. Dahlen, Financial Aid Director


11/8/2018

11/8/2018

. RECEIVING MSHS COOPERATIVE DEGREE 2015

Education Affiliation Agreement between

MA YO CLINIC through its MAYO SCHOOL OF HEALTH SCIENCES and ·

MOUNT MARTY COLLEGE

This Clinical Education Agreement ("Agreement") shall be effective as of the last date signed below. The parties to this Agreement are MAYO CLINIC through its MA YO SCHOOL OF HEALTH SCIENCES, with an address of 200 First Street SW, Rochester, MN 55905, ("Mayo Clinic") and MOUNT MARTY COLLEGE, INC with an address of 1105 West Eighth Street, Yankton, SD 57078-3725 ("School").

WHEREAS, School is a duly licensed and accredited educational institution providing a program in RADIOLOGIC TECHNOLOGY which requires clinical experiences of its students (hereinafter "Students");

\VHEREAS, Mayo Clinic is desirous of providing clinical and didactic experiences to Students ("Students") as a part of their overall education through its RADIOGRAPHY Program ("Program"); and

WI-IEREAS, it is to the benefit of both School and Mayo Clinic to cooperate in the educational preparation of Students, so as to promote excellence in patient care, to ensure professional competence, and to provide maximum utilization of community resources.

NOW THEREFORE, the parties agree as follows:

1. Efl_ucatiou Program.

(a) The course of study pursued by the Students in the Progran1 shall be set forth by Mayo Clinic in accordance with requirements of its accrediting agency to meet Mayo Clinic's needs and to meet the requirements of School for granting a Bachelor of Science Degree.

(b) The number of Students accepted per enrollment period and the dates of each Student's experience shall be arranged by the mutual agreement of School and Mayo Clinic. All students shall be subject to Mayo Clinic's admission standards and process. In the event it becomes necessary to cancel or change a Student assignment, School will immediately notify Mayo Clinic.

( c) School agrees to designate for participation in the programs covered by this Agreement only Students who have completed the necessary training, appropriate pre-requisites and didactic work for such program, and are in good standing with School. School agrees to promptly notify Mayo Clinic if any Student is no longer in good standing.


(d) Students offered admission to Program must comply with Mayo Clinic's prevailing admissions requirements, including, but not limited to, the following:

(i) Immunizations, including hepatitis B series and two-step tuberculin skin testing

{ii) Occupational Health Review and/or Physical Exam (iii) Background Studies (Minnesota and national) (iv) Drng Screen. {v) Health Insurance (vi) HIPAA, Confidentiality, and other training deemed necessary by

Mayo Clinic and/or the Mayo School of Health Sciences ("MSHS") Program in which admission is offered.

Mayo Clinic will collect proof of fulfillment of these requirements directly from Students upon admission to but prior to commencement of Program. The costs for all the admissions requirements are the responsibility of the Student and/or School. Admission requirements can be found at http://www.mayo.edu/mshs/carecrs/admissions.

(e) If applicable, School shall perfo11n background studies on any School faculty who supervise Students on-site at Mayo Clink and ensure that all such faculty are eligible to have direct contact with Mayo Clinic's patients and students. School faculty shall notify Mayo School of Health Sciences before coming on Mayo Clinic campus to make necessary atTangements for access.

(f) School faculty, if applicable, and Students agree to participate in education and training of the electronic medical record. School faculty, if applicable, and Students shall be subject to and follow all Mayo Ciinic's rules, regulations, policies and procedures for the electronic medical record. The electronic medical record policies, procedures, rules and regulations are subject to change and i\fayo Clinic agrees to provide prior notice of any change.

(g) Where applicable, all parties certify that they are in good standing with their respective accrediting bodies, and upon request, ·will provide documentation of accreditation.

(h) School and Mayo Clinic agree to abide by the limitations set forth in the Family Educational Rights and Privacy Act ("FERPA) and regulations at 34 CFR 99.33 regarding the protection of educational data. Both parties acknowledge tha_t this Agreement allows access to educational data, and agree to hold that infonnation in strict confidence. Both parties agree not to use or disclose educational data received from or on behalf of either institution except as permitted or required by this Agreement, as otherwise required by law, or as authorized in ·writing by Student.

(i) Mayo Clinic agrees to:

Revised 08252015

{i) Provide the Program Director, Medical Director and teaching faculty for the didactic and clinical courses it presents;

Page 2 of8


(ii) Provide the appropriate supervision, equipment, supplies, reagents, and miscellaneous.items necessary .for instruction of the clinical courses;

(iii) Give School a transcript of completed courses and grades for each Student, and shall certify to School registrar only those students who satisfactorily complete the Program at Mayo. Should a Student encounter difficulties or fail to complete the Program, the Program Director shall notify School;

. (iv) Offer and maintain the classrooms, laboratory, storage room and other appropriate facilities necessary for the Students \Vhile on Mayo campus;

(v) Maintain all student records and transcripts for instruction presented by Mayo.

(i) School agrees to:

(i) Grant blanket academic credit for satisfactory_ completion of the Program; (ii) Maintain all student records and transcripts for instrnction presented by

School; (iii) Provide a named person who will act as liaison/counselor to Students

seeking appointment and to those Students enrolled; (iv) Offer and maintain the classrooms, laboratory, storage room and other

appropriate facilities necessru.y for the Students while on School campus.

(k) .Mayo Clinic assumes full responsibility for the care of its patients. It is understood that School does not derive direct revenue from patient care activity at Mayo Clinic.

2. Health Insurance Porta.bilin'. and Accountability Act. Students shall be instructed by School prior to beginning the Program at Mayo Clinic concerning the confidentiality of medical information of Mayo Clinic's patients and standard precautions. For purposes of compliance with the Health Insurance Portability and Accountability Act ("HIP AA"), and associated privacy regulations, Students shall be considered part of Mayo Clinic's work force as that term is defined in HIJ:>AA to include trainees and students. Students are not considered work force or emplqyees of Mayo Clinic for other purposes, including but not limited to tax or employment law. Mayo Clinic shall provide the necessary training specific to HlPAA.

3, Policies and Procedures Governing Students. Students shall be subject to and follow all Mayo Clinic's rules, regulations, policies and procedures, including standard precautions. Students enrolled in the program covered by this Agreement will also be govemed in accordance with the policies and procedures established through School's programs.

4. J'ermination of Student Experience. Mayo Clinic may decline to appoint a student or may tenninate the participation of a Student in a clinical experience if: ( a) the Student is or has been employed at Mayo Clinic and has been involuntarily tem1inated from employment or (b) the Student's work, conduct or health may, in Mayo Clinic's judgment, have a detrimental effect on its patients, staff or operations. A Student generally will not be removed from a clinical

Revised 08252015 . Page 3 of8


experience until Mayo Clinic has discussed its concerns with a representative of the School. However, Mayo Clinic reserves the right to take immediate action to suspend a Student's participation in response to concerns of patient care or the safety and respect of its staff. Mayo Clinic shall not be arbitrary or discriminatory in the exercise of this right.

5. S!udent Health Insurance and Emergency Medical Care. Students shall maintain health insurance throughout the entire tem1 of their participation in the Program. Students shall be furnished emergency medical care and treatment, if needed; while on duty at Mayo Clhlic with the associated expense to be the responsibility of the Student.

6. Tuitio,.!!,

(a) Students will pay tuition to School for enrolled School courses and to Mayo Clinic for enrolled Mayo Clinic courses. School will not charge tuition or clinical experience fee. to Students for courses taken at Mayo Clinic. School wiII advise Student of any administrative fees payable to School while Student is enrolled in Mayo Clinic courses.

(b) School will advise Students that Mayo Clinic will bill Student directly at the standard per-credit rate as published on Mayo School of Health Sciences website.

(c) School agrees to accept Students' credits from Mayo Clinic.

(d) Upon Student's enrollment in Program, Mayo Clinic agrees to administer Student's financial aid, if applicable, and will incorporate Student's credits from School into Student's loan eligibility amount.

(a) Jf School is a Florida state owned and operated institution, the following . language shall ap11ly: It is understood by the parties that School is an institution which is afforded sovereign immunity as described under Florida Statutes, Sections 110.504 and 768.28. Si::hool must notify Mayo Clinic if this law does not apply.

(b) If (a) above does not apply, Mayo.Clinic will provide and maintain insurance for Students during course of Program as described below:

Revised 08252015

· (i) Professional liability insurance (or comparable coverage under a program of self-insurance) providing coverage on an "occunence basis'' for occurrences during the te1m of this Agreement with limits no less than $1 million per occunence and $3 million aggregate.

{ii) Comprehensive general liability insurance (or-comparable coverage under a program of self-insurance) providing coverage on an "occun-ence basis" for occun-ences during the tenn of this Agreement

Page 4 of8


with limits no less than $1 million per occurrence and $3 million annual aggregate.

(c) The insurance required in Section 7(b) above shall be in full force and effect prior to the arrival of Students at Mayo Clinic. It shall not be modified or terminated except upon thirty (30) calendar days' prior written notice to School. In the event any "claims made" policy is procured to meet the insurance requirements hereunder, "tail" coverage shall also be procured for a period of four (4) years after tennination of such policy.

(d) Upon request, Mayo Clinic shall provide School with a Certificate of Insurance evidencing the above:stated coverage.

8. Liability. Each party is solely responsible for any of its own claims, causes of action, liabilities or the like that may arise out of this Agreement. Furthennore, neither party shall compensate the other party for any of the foregoing. The te1ms of this section shall survive expiration or termination of this Agreement.

9. · !!!dependent Conttactors. Each party is a separate and independent institution, and this Agreement shall not be deemed to create a relationship of agency, employment, or partnership between or among them. Each party understands and agrees that this Agreement establishes a bona fide training relationship and·that the agents or employees of each respective party are not employees or agents of the other pmiy.

(a) This Agreement shall be for a tenn of one (I) year, beginning on the last date signed below, and will be automatically renewed for subsequent one (1) year terms for a total of five (5) years, unless earlier tenninated as described in paragraph 11 below.

(b) Six months prior to Agreement termination date as pr~wided in paragraph · lO(a) above, Mayo and School will evaluate Program covered by Agreement, and if mutually agreed, may extend te1m of Agreement by ·written agreement signed by both parties.

11. Termination.

(a) Either party may terminate this Agreement for any reason by giving at least ninety (90) days written notice to the other party.

(b) In the event that this Agreement is tenninated pursuant to this paragraph, the parties hereby agree that no Students participating in an ongoing experience will be denied the oppotiunity to complete the affiliation, even when the effective date of termination occurs prior to the completion date of the clinical experience. In such event, all applicable provisions of this Agreement, including the right to tem1inate any Student pursuant to Section 4, shall remain in

Revised 08252015 Page 5 of8


force during the extension period from the effective date of tennination, until the end of the academic term in which the Student is enrolled.

12. Amendments. This Agreement may be amended from time to time by written agreement of the pruties.

13. Notices. Any rtotfoe under this Agreement shall be deemed sufficiently given if sent by facsimile, courier, electronic transmittal or similar reliable means of delivery, with receipt confirmed. Such notice shall be directed as set forth below:

For Mavo Clinic: Jill M .. Tzyon, MSA, RT Program Director, Radiography Mayo School of Health Sciences 200 First Street SW Rochester, iv1N 55905

With copy to: Education Business Services Siebens 5 Mayo Clinic 200 First Street SW Rochester, iv1N 55905

[email protected]@mayo.edu EduAffiliations(a),mayo.edti

For School: Tamara Pease, PhD Mount Marty College I 105 West Eighth Street Yankton, SD 57078

· [email protected]

14. !l!£. of Name. Neither party will use the name or trademarks of the other party in any news release, publicity, advertising, endorsement, or co:rpmeicial connnunication without the prior written approval of the other party. All requests for approval for the use of Mayo's name pursuant to this Section must be subinitted to the Mayo Clinic Public Affairs Business Relations Group, at the following E-mail address: [email protected] at least 5 business days prior to the date on which a response is needed; however, the existence and scope of the programs available via this Agreement may be made known to Students as a means of assistance in completing their training requirements.

15. Assignment. No party has the right or the power to assign this Agreement, in whole or in prut, without the prior written consent of the other parties, and any purported assignment in contravention of this provision shall be null and void.

16. Governing LaJ,Y., This Agreement shall be construed in accordance with the law of the State of Mfonesota.

· 17. Excluded Entity or Individual. Each party shall immediately notify the other patiy in the event that it becomes excluded from any federal health care program.

18. Enforceability and Waive1·. The invalidity or tmenforceability of any term or provision of this Agreement shall in no way affect the validity or enforceability of any other term or provision. The invalid or unenforceable provision shall be fully severable. The waiver by a party of a breach of any provision .of this Agreement shall not operate as or be construed as a waiver of any subsequent breach thereof.



19. Non-exclusive Agreement. Each party may enter into similar agreements with other training institutions, provided that such agreem~nts do not materially interfere with the ability· of each party to cany out its obligations hereunder.

20. Compliance with· Laws. Each party shall comply with all federal, state and local laws and regulations applicable to their respective operations, including, but not limited to, those dealing with employment opportunity, immigration and affirmative action such as 42 U.S.C. Sec. 2000 (e) et seg., The Civil Rights Act of 1964, Sections 503 and 504 of the Rehabilitation Act of 1973, Section 402 of the Vietnam Era Veterans' Readjustment Assistance Act of l974, the hnmigration Reform Act of l 986, the Americans with Disabilities Act of 1990 and any amendments and applicable regulations pertaining thereto.

21. E.mire Agreement. This Agreement represents the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior agreements and representations.

22. Authorit:r. The persons signing this Agreement wanant that they have full authority to do so and that their signatures shall bind the parties for which they sign. Each party hereto consents to be bound by photocopy, scanned PDF, facsimile or electronic signatures of such party's representative(s) hereto.

~Signatures on fol/o·wing page~ ~ Remainder left blank intentionally~



IN WI'INESS WHEREOF, the parties have executed this Agreement as of the respective dates written below.

MAYO SCHOOL OF HEALTH SCIENCES

A, RT (R)(M)(CT)


Date: J( / 1(:x,\ 5

MAYO CLINIC

By: ,,,ij~ e. fj'..t.Ao



Date: 11/17/15

Mayo EBS ~ewe~by:

,DW.

MOUNT MARTY COLLEGE

By:

Name: Celia Miner, JD

Title: Interim VP of Academic Affairs

Date:

Name: Tabitha Likness

Title: VP of Finance and Administration

Date: /0-30-/5



DocuSign Envelope ID: 278D9610-A881-4C98-9D3F-82EB8E664061

DocuSign Envelope ID: 278D9610-A881-4C98-9D3F-82EB8E664061

12/10/2018

12/10/2018

DocuSign Envelope ID: 66EE455A-1928-4EDD-8A7F-99D67EBA1809

DocuSign Envelope ID: 66EE455A-1928-4EDD-8A7F-99D67EBA1809

12/10/2019

12/12/2019

DocuSign Envelope ID: 7E1755B5-ED3F-43EC-9E75-4FFED8D8F110

DocuSign Envelope ID: 7E1755B5-ED3F-43EC-9E75-4FFED8D8F110

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